Mumbai: The Nagpur bench of the Bombay High Court on Friday reused to grant bail to a Jammu and Kashmir (J&K) - resident, an alleged Jaish-e-Mohammed (JeM) operative, who was arrested for conducting a recce of the memorial of RSS founder Dr K B Hedgewar here.

Raees Ahmed Sheikh Asadulla Sheikh was arrested in 2022 for allegedly conducting a reconnaissance of Dr Hedgewar Smruti Mandir, the memorial of the Rashtriya Swayamsevak Sangh (RSS) founder, located in the city's Reshimbag area, on September 15, 2021.

Sheikh, currently lodged in Nagpur Central Jail, approached the HC seeking bail contending that there was lack of evidence. A bench of Justices Nitin Suryawanshi and Pravin Patil rejected the bail plea. A detailed order copy will be available later.

Prosecution alleged that Sheikh had also planned to conduct a recce of the RSS headquarters located in the Mahal area of the city but couldn't do so. It is alleged that Sheikh passed on information, after conducting the recce, to his handler in Pakistan.

His bail plea contended that there was no evidence to prove he was conducting a recce of the places concerned for any unlawful activity. Also, the alleged activities do not fall under the purview of the stringent Unlawful Activities (Prevention) Act (UAPA).

State opposed the plea contending that there was ample evidence to show that Sheikh was associated with the banned terrorist organisation JeM.

Shaikh’s activities were in furtherance of a future terrorist attack and therefore it would be covered under the definition of a terrorist act under the UAPA. Even the preparatory actions are held as terrorist acts, the State submitted. Also, the State argued, that Shaikh visiting Nagpur was not natural as he had no relatives or business purpose and other factors.

The prosecutor also showed to the court the statements of the autorickshaw drivers and staffers of the hotel that the accused used. Further, the prosecution submitted call details made by Sheikh outside the country.

The prosecution case is that Sheikh planned to conduct a recce of the six lanes connecting the RSS headquarters. However, he did not dare to enter the lanes due to heavy police deployment. The police registered a case under the UAPA after getting concrete evidence form J&K police and intelligence agencies.